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1.10 Mail Service Program. Caremark may provide to Member County mail order pharmacy services <br />through its mail order pharmacy facilities. For the duration of this Agreement, Member County agrees that it will offer <br />only Caremark mail order pharmacy services for its Participants covered under this Agreement, as further described <br />below. <br />Caremark shall fill prescriptions for Participants and shall mail such drugs or medications to such Participants subject to <br />the following terms and conditions: <br />a. Distribution of Information. Caremark shall provide Participants with its standard <br />informational material explaining the mail service and the forms necessary for Participants to utilize mail <br />service. Participants will have toll -free telephone access to a pharmacist and customer service representative. <br />Access to a pharmacist will be available 24 hours per day, seven days per week. <br />b. Delivery and Dispensing. Caremark shall dispense through its mail service pharmacy new <br />or refill prescription orders upon receipt from a Participant of (i) a valid prescription order or a completed refill <br />order form and (ii) the applicable payment. Caremark shall cause the filled prescriptions to be mailed to each <br />Participant via common carrier at the address appearing on the face of the prescription so long as such <br />addresses are in the United States. Caremark shall not be liable to Member County, Customer or Participant <br />for any delay in delivery resulting from circumstances beyond Caremark's control as set forth in Section 6.2. <br />Caremark's mail order pharmacies may dispense drugs even if the prescription is not accompanied by the <br />correct amount however, Member County and Customer acknowledge and agree that Caremark may refuse to <br />fill any prescription that is either not accompanied by the correct amount and/or for any Participant who has an <br />unpaid balance with Caremark. <br />1.11 Preferred Drug Program. Caremark and the retail Participating Pharmacies will work together to <br />encourage the use of Preferred Drugs by (i) identifying appropriate opportunities for converting a prescription from a <br />non - Preferred Drug to a Preferred Drug, and (ii) contacting the Participant and the prescriber to request that the <br />prescription be changed to the Preferred Drug. A Preferred Drug is one on the Performance Drug List, which has been <br />developed by Caremark as a clinically appropriate and economically advantageous subset of the Caremark Formulary, <br />as revised by Caremark from time to time. <br />1.12 Specialty Pharmacy. Caremark's specialty pharmacy service will be provided by a Caremark <br />specialty pharmacy entity or its affiliate ( "Caremark SpecialtyRx "), and offers a distribution channel for certain <br />pharmaceutical products that are generally biotechnological in nature, are given by injection, or otherwise require <br />special handling ( "Specialty Medications "). <br />Caremark SpecialtyRx shall provide prescription fulfillment and distribution of Specialty Medications and supplies, <br />pharmaceutical care management services, as well as the types of Service that Member County receives under this <br />Agreement, including but not limited to customer services, utilization and clinical management, integrated reporting and <br />Claims processing ( "SpecialtyRx Services "). <br />Caremark SpecialtyRx may receive prescriptions from Participants through an affiliated Caremark mail facility or <br />directly via the U.S. Mail or commercial carrier at the address specified by Caremark from time to time and may also <br />receive prescriptions from physicians by fax or by U.S. Mail/commercial carrier. In accordance with the Consumer <br />Card Program, Caremark SpecialtyRx shall dispense Covered Items in accordance with those prescriptions and mail the <br />Covered Items to Participants at the designated address, so long as such address is located within the United States. <br />Caremark SpecialtyRx may not dispense drugs to Participants who fail to submit the correct payment with their <br />prescription. <br />Caremark SpecialtyRx pharmaceutical care management services include but may not be limited to: (1) patient profiling <br />focusing on the appropriateness of Specialty Medication therapy and care and the prevention of drug -drug interactions; <br />(2) patient education materials; and (3) disease management and compliance programs with respect to Specialty <br />Medications. As part of these services, Participants will be asked to participate in various surveys. <br />3 <br />